Early this evening, Judge Thomas Power ruled in favor of the city on the DNR swim areas controversy. He ruled that the city has the authority to establish and enforce no-boat swim areas under an 1895 statute giving us jurisdiction of the waters up to a mile out from the shore of Grand Traverse Bay, and also under the city’s Constitutional authority to reasonably control our public places. In a detailed and extensive opinion that took 45 minutes to deliver from the bench, Judge Power reversed the DNR and ruled that the state must issue buoy permits for expanded swim areas if the city chooses to establish them.
This decision returns control of city beaches and near shore waters to city residents, through their elected representatives. City Attorney Karrie Zeits represented the city brilliantly in this case. More details on possible appeals and the city’s plans for the beaches this summer will be coming soon.
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February 3, 2010 at 8:02 pm
Over 40 Boater
Hello anyone out there?
February 1, 2010 at 6:01 pm
Over 40 Boater
Looks like I made my point. Anyone want to debate this?
I’ve got plenty to share.
Over 40 Boater
January 21, 2010 at 10:03 am
SlabtownResident
This is tremendous! I am so glad the city pursued this. As a frequent visitor to West End beach, I can say that the majority of “boaters” who park there, particularly on weekends, are not courteous families stopping by to let their kids swim in the shallow water. It is often a flotilla of drunken frat boys and others who, for whatever reason, feel the need to share their loud, bad music with the shore-bound. It’s unnecessary, it’s unpleasant, and it’s high time the city reassert its sovereignty over its key asset.
January 24, 2010 at 9:54 pm
Over 40 Boater
Slab,
I can agree with you on the music, I don’t like Most RAP music. Back when I was 17-20 the old folks said “our music was satanic, loud, causing suicide and others. The 60’s it was causing everyone to use drugs, the 50’s oh, is was real bad, those shaking hips of Elvis how did we all make it.
If the music is too loud, then TC has laws for that, just because you don’t like what they play does not give you the right to eliminate it. You know, I don’t like cats, but should I get on my soap box and cry to the City to eliminate the cats within sight of my house? NO this is still the U.S.A.
Back in my day, we hung out at the parking lot near the marina boat ramp, we played loud music, smoked cigarettes and talked, I bet you did not like that too. Well, they put a stop to that, and everyone moved to the streets and we all played our devil music as loud as we could. Did shutting down the parking lot change anything, NO!
The 20 somethings hangout on boats because they can. Thanks to “our” hard work, these young people of today have college degrees and more play money than “we” had in the day.
So boys have boats and girls like boats and volleyball, hum,,, I wonder why they want to be there?
Now to address the “swimming” the swimming area is west of the volleyball – Frat-boy boat area, so your grand children won’t be near those evil boys. If that is not far enough,, Oh,, we have another one a few hundred yards even further to the west. I anchor over near it. You are more than welcome to come join my family over there and listen to my now “old folks” music. Sometimes we have pizza delivered to us. Yes that’s true, we wade in and meet them in the credit union parking lot. We also walk through your neighborhood, I’m sure you can tell we are evil boaters as we walk by on our way to friends and other businesses.
Slab, I think if you bothered to take off the blinders, you would find there are many nice respectful people that are along the beach area in and out of their boats doing respectful things. Our children swim within the area of the boats, do you really think we put anyone at risk? We are not sitting there with our motors running and our props turning like a blender waiting for someone to come just a little closer,, come on,, again take the blinders off.
Boaters are watching over children of the beach go-ers. I’ve seen may parents not watching their children. Why do the boater have to carry this burden? Where are the Life Guards? Why is no-one demanding them? We have lost lives recently,, where are the Life Guards! I know why we don’t have them, because the “people of TC” the tax payers won’t put safety of the current “swim areas” first,, this is shameful. How many more must die? Slab, you must support adding Life Guards don’t you?
Here’s another one by a TC Resident: “the water is all oily because of those evil boats” WELL, not true, again as a person that goes in the water I have found the TRUE product of that evil oily film. IT”S SUN SCREEN! Yup,, we all use it, boaters, beach go-er, and children. Just throw some of it on and go in the water 15-30 minutes later, you’ll be swimming in your very own oil slick.
Trash: ” all the trash on the beach comes from boaters”
another lie, as boaters we see all of the activity on the shore. We watch as people come and go, many but not all leaving their unwanted scraps behind. Some of us even take the time to pick it up and try to put it in the overflowing trash cans provided by your tax dollars. CAN SOME PLEASE GET THE CITY TO EMPTY THE TRASH! As a tax payer, I’m sure you feel that this is very important, Why is this even a problem?
PEOPLE, wake up, take off the blinders, you have three very nice swim areas that are missing only two things, LIFE GUARDS and PEOPLE.
The Far West-end of the water front:
This area would be great for a large swim area (near M72) the water is 7 ft or less for a vary large area. Boaters do not want to be in this area! You would have it all to yourself. One problem, the city would need to cleanup the debris left by those evil business that occupied the waterfront back when those ordinances were written to protect access to the water for their operation, you know the ones I’m talking about.
Take the time to meet some of the over 30, 40, 50 and even 60+ old boaters they may even be your neighbor. Just talk, you will find that we are fathers, mothers, grandparents, business owners, a member of your church, your employee. I dare you to talk to the evil 20 somethings, I’ll bet you even find out they are some very interesting educated young men and women, just treat them with respect just as you would with your neighbor.
Aren’t we all neighbors, and proud Americans?
Well, that all for now,
Over 40 Boater